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It's that time of year again. It's a time for food, family, and of course, holiday shopping. However, it's also that time of year where many parents disagree about who "gets" the children during the holidays.
Every year during the merry months of November and December, you'll see attorneys frantically running into family court with ex parte motions (emergency motions) asking Judicial Officers to intervene and decide which parent gets to spend a holiday with their child. This is truly one...
•Lowering Child Support By Investing In A New Mate
I am about to tell you something that will make no sense: getting re-married after a divorce may result in a situation where you pay less child support based on the court's consideration of your new spouse's income. Before you call me crazy, please give me a chance to explain . . . .
When a Family court calculates child support in California it has broad discretion as to what constitutes "income." Consequently, trial courts have been upheld in imputing income to parties in a variety of...
•Agreements To Pay Spousal Support - Watch Out For the Pit Falls!!!
If you are going through a divorce or a legal separation and find yourself negotiating spousal support, be especially careful before you accept the terms of the agreement. Modifying a spousal support obligation is not as easy as you may think. It's not as if you can simply walk into a court and ask the judge to modify the order based on the fact that your ex-spouse recently acquired access to funds. Unfortunately, the process is a little more complicated than that.
The test for modifying a...
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